The Tao of Anarchy: There is no God. There is no State. They are all superstitions that are established by the power-hunger psychopaths to divide, rule, and enslave us. It's only you and me, we are all true and real existence though in one short life. That is, We all are capable to freely interact with one another without coercion from anyone. We all are capable to take self-responsibility to find ways to live with one another in liberty, equality, harmony, and happiness before leaving this world forever. We all were born free and equal among all beings on this planet. We are not imprisoned in and by a place with a political name just because we were born there by chance. We are not chained to a set of indoctrinated beliefs that have been imposed upon us by so-called traditions. This Planet is home to all of us. No one owns it. We share the benefits from and responsibility to this Earth. We pledge no oath, no allegiance to no one; submit to no authority. We are all free and equal. The only obligation we all must undertake constantly with consistency is to respect the same freedoms and rights of others.

Under the Australian Consumer Law, when you buy products and services they come with automatic guaranteesthat they will work and do what you asked for. If you buy something that isn’t right, you have consumer rights.

MSY Technology operates 28 retail stores across Australia and online, selling computers, computer parts, accessories and software. MSY Technology admitted that it made false or misleading representations on the MSY website, and in oral and email communications to consumers about their rights.

“MSY had misrepresented consumers’ rights to a repair, replacement, or a refund where a product developed a fault. Businesses must ensure their refund and returns policies, and any representations accurately reflect their obligations under consumer law,” ACCC Deputy Chair Delia Rickard said.

“These proceedings and the penalties imposed signal to businesses that the ACCC will not hesitate to take appropriate enforcement action where it identifies misleading representations about consumers’ rights.”

“This is the second time the ACCC has taken action against MSY entities. The court imposed penalties in 2011 for misleading consumer warranty representations,” Ms Rickard said.

The Federal Court also made other orders by consent including injunctions, a comprehensive ACL compliance training program, publication orders, and payment of $50,000 towards the ACCC’s costs.

Following the commencement of proceedings, MSY Technology made admissions and agreed to joint submissions on liability and relief (including penalty) that were filed with the Court.

Background

MSY Technology operates nationally, with 28 retail stores and an online site that sells computers, computer parts, accessories and software to consumers.

Consumer guarantees cannot be excluded restricted or otherwise modified by a seller’s terms or conditions. Retailers must ensure their practices do not contravene the ACL when consumers try to return a faulty product or ask for a remedy under the ACL.

The ACCC alleges that between January 2013 and February 2016, statements made by MSY Technology Pty Ltd and/or MSY Group Pty Ltd on the MSY Technology website, and similar representations made in store to some consumers in New South Wales and Victoria by employees of MSY Technology Pty Ltd and M.S.Y. Technology (NSW) Pty Ltd, misrepresented consumer rights by claiming that:

MSY Technology had discretion over whether a customer was entitled to a remedy for a faulty product

It was up to MSY Technology to choose which remedy it would provide customers

MSY Technology would only provide a remedy for products returned within seven days

MSY Technology may require the customer to pay an administration fee to receive a remedy for a faulty product that is out of warranty

MSY Technology would provide no remedies in relation to faulty software products.

“The ACCC alleges that MSY Technology breached the Australian Consumer Law by misrepresenting consumers’ rights to a repair, replacement, or a refund when they have purchased faulty products,” ACCC Commissioner Sarah Court said.

“Businesses must not mislead consumers about their consumer guarantee rights. Consumers who have purchased a faulty product have a right under the consumer guarantees to remedies which businesses cannot restrict, alter, or remove.”

“The ACCC is particularly concerned that this type of conduct by businesses which have a national presence has the potential to cause significant consumer harm,” Ms Court said.

The ACCC is seeking declarations, injunctions, a comprehensive compliance program, penalties, and costs.

Background

Consumer guarantees apply to all purchases and cannot be removed or reduced by a business’s terms and conditions. Where a good develops a major failure, consumers have a right to a replacement or refund from the supplier of the good. For goods that develop a minor failure, a consumer has a right to have the good remedied (at the suppliers discretion) within a reasonable time. If the supplier doesn’t do so, the consumer can either reject the goods and get a refund or have the problem fixed and recover reasonable costs of doing so from the supplier.

Consumer guarantees

Under the Australian Consumer Law, when you buy products and services they come with automatic guarantees that they will work and do what you asked for. If you buy something that isn’t right, you have consumer rights.

The retailer can’t refuse to help you by sending you to the manufacturer or importer.

You can claim a remedy directly from the manufacturer or importer if the goods do not meet one or more of the following consumer guarantees:

acceptable quality

matching description

any extra promises made about such things like performance, condition and quality

repairs and spare parts – the manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product.

You are only entitled to recover costs from a manufacturer or importer, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss.